Adv Ch Shahid Bhalli

Factors Considered For Permanent Child Custody in Pakistan

As per Lawkidunya, In Pakistan, the courts consider several factors when determining permanent child custody. These factors are guided by the principles of Islamic law and the Guardian and Wards Act 1890. Here are some of the key factors considered:

Personal Factors

1. Age and sex of the child: The court considers the age and sex of the child in determining custody.
2. Physical and mental health: The court assesses the physical and mental health of both parents to determine their ability to care for the child.
3. Character and conduct: The court evaluates the character and conduct of both parents, including their moral values and behavior.

Financial Factors

1. Financial stability: The court considers the financial stability of both parents to determine their ability to provide for the child’s needs.
2. Income and resources: The court assesses the income and resources of both parents to determine their ability to provide a stable and secure environment for the child.

Environmental Factors

1. Home environment: The court evaluates the home environment of both parents, including the availability of space, amenities, and other resources.
2. Location and accessibility: The court considers the location and accessibility of both parents’ homes, including their proximity to schools, healthcare facilities, and other essential services.

Child’s Wishes

1. Child’s preference: The court may consider the child’s preference, especially if they are old enough to express a preference.
2. Child’s relationship with each parent: The court evaluates the child’s relationship with each parent, including their emotional bond and attachment.

Other Factors

1. Parental responsibility: The court assesses each parent’s willingness and ability to take responsibility for the child’s care and well-being.
2. Cooperation and communication: The court evaluates the level of cooperation and communication between the parents, including their ability to work together to make decisions about the child’s care.
3. Stability and continuity: The court considers the importance of stability and continuity in the child’s life, including the need for a consistent and predictable routine.

Ultimately, the court’s decision is guided by the principle of “welfare of the minor,” which is considered the paramount consideration in determining permanent child custody in Pakistan.

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